Property Boundry issue

ci_newman said:
IIRC you have no legal basis for insisting that they repair their fences. I'm looking into the same issue as some of the fences bordering my garden are in a sorry state of repair. You're only recourse is to erect your own fence within your own boundary - presumably this is what a previous owner has done if you already have a wooden fence on your boundary.
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If they've put up a fence in the wrong place they've done so illegally, the question is has the last owner of the op's house put up said fence and then the neighbours(current or previous) have taken out their chain link fence because another fence is there and why not. In which case the current crap fence is simply a fence previous owners put on their own property and isn't the councils responsibility. If you put a fence down the middle of your garden and don't use one side, that fence doesn't become the responsibility of the next guy over.

The real question is who put up the current fence, if it was the council they can't have a leg to stand on I'd imagine(though maybe that whole 7 year "we've been using it and we're claiming it as ours now" rule?). IF it came to it, remove the fence, smack one up right on the boundary, you get a proper fence and most of your 8 inches back which is probably worth it.
 
ci_newman said:
IIRC you have no legal basis for insisting that they repair their fences.
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This. There is no requirement in law for the owner to fence their property (with a few exceptions relating safety issues around mines, railways, livestock etc) UNLESS there is a covenant within the deeds of the property that requires them to do so. It may be worth obtaining a copy of the neighbour's deeds to see whether such a covenant exists. If not, you cannot force them to do anything and are pretty much left with erecting a new fence on your side of the boundary.
 
ci_newman said:
IIRC you have no legal basis for insisting that they repair their fences. I'm looking into the same issue as some of the fences bordering my garden are in a sorry state of repair. You're only recourse is to erect your own fence within your own boundary - presumably this is what a previous owner has done if you already have a wooden fence on your boundary.
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Hi,

In the deeds it clearly says that the boundary is post and wire, and that it is their responsibility to maintain. this boundary has basically gone and my land has been encroached upon (ok only by inches).

I would assume that I could demand that they reinstate the original boundary (post and wire)?

I also have circumstances to request that the fence be made suitable to keep the neighbours pets in the confines?
 
drunkenmaster said:
The real question is who put up the current fence, if it was the council they can't have a leg to stand on I'd imagine(though maybe that whole 7 year "we've been using it and we're claiming it as ours now" rule?). IF it came to it, remove the fence, smack one up right on the boundary, you get a proper fence and most of your 8 inches back which is probably worth it.
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Im not entirely sure, there is rumour that it was put up by the previous owners of our house with perhaps financial help from the neighbours, I wonder if this changes things? being that it is on my property it becomes inconsequential right?
 
Fantom said:
Hi,

In the deeds it clearly says that the boundary is post and wire, and that it is their responsibility to maintain. this boundary has basically gone and my land has been encroached upon (ok only by inches).

I would assume that I could demand that they reinstate the original boundary (post and wire)?

I also have circumstances to request that the fence be made suitable to keep the neighbours pets in the confines?
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The council are only obliged to reinstate the original boundary fence...however nothing is stopping you from building your own fence on your boundary...this is what we did when our neighbour refused to repair their fence.
 
Castiel said:
The council are only obliged to reinstate the original boundary fence...however nothing is stopping you from building your own fence on your boundary...this is what we did when our neighbour refused to repair their fence.
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This is what I can see happening in all honesty, however I do need them to reinstate the original boundary as there is overgrowth and slabs etc encroaching my property. I also want to give them a good reason to reduce the number of pets in the house, I really don't know how much leverage I can get with this, I wonder what the legality is regarding neighboring pets trespassing on your property? it would also give the pets a clear path to the main road down the side of our house...
 
Fantom said:
This is what I can see happening in all honesty, however I do need them to reinstate the original boundary as there is overgrowth and slabs etc encroaching my property. I also want to give them a good reason to reduce the number of pets in the house, I really don't know how much leverage I can get with this, I wonder what the legality is regarding neighboring pets trespassing on your property? it would also give the pets a clear path to the main road down the side of our house...
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I don't know about their pets, I would suggest calling animal control or the NSPCA if you have specific concerns.

As far as the fence is concerned, you may have a very long wait for the council to actually do anything...I would just put up my own fence along my boundary unless you don't mind waiting.
 
Castiel said:
I don't know about their pets, I would suggest calling animal control or the NSPCA if you have specific concerns.

As far as the fence is concerned, you may have a very long wait for the council to actually do anything...I would just put up my own fence along my boundary unless you don't mind waiting.
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I have just replied to his email stating that it presents a danger to their pets in that if the fence failed (could happen at any minute) then the animals would be able to roam my property and have direct access to a main road...

Right now the only thing stopping me from tearing it down is that it would cause a feud and possibly harm innocent animals.

Its quite frustrating really...
 
same issue here, solution.....put the fence in yourself, ask neighbour to contribute, or at least give permission

the council wont pay a penny towards it, and will expect the tenant to correct any issues with it, or leave it,

in this day and age of cuts to councils etc, do you really think they are going to rush out and fix a fence that poses no immediate safety threat?
 
'Harry said:
This, or put your own fence up. Is it really worth stressing over losing another few inches?

The answer is no.
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The answer is yes, if I put a fence up which will benefit us both (more so them) then ill be damned if I donate about 4sqm of land with it!
 
Fantom said:
This is what I can see happening in all honesty, however I do need them to reinstate the original boundary as there is overgrowth and slabs etc encroaching my property. I also want to give them a good reason to reduce the number of pets in the house, I really don't know how much leverage I can get with this, I wonder what the legality is regarding neighboring pets trespassing on your property? it would also give the pets a clear path to the main road down the side of our house...
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The Animal Act 1971 covers trespassing by pets. Cats are exempt from trespass rules.
 
Lopéz said:
The Animal Act 1971 covers trespassing by pets. Cats are exempt from trespass rules.
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Ultrasonic cat scarers stop them trespassing :D had a neighbours cat use my borders as a toilet since getting the cat scarer I've not had a problem. 30quid well spent.
 
Just tear it all down and spend as little as you can to put up a fence that suits your demand, then send the bill to the council. If they don't pay and you want them to, take them to small claims court. Keep all your correspondence with them before hand, try to do it all by email, so that you can get them refusing to fix it by email.
 
Your combining multiple issues into one and also expecting a council to give a ****.

If the current fence is on your land AND you own the fence take it down.
Errect your own fence on your land.
Its up to the neighbours to keep there animals off your land.
If they encroach deal with them.

If the current fenc is on your land AND you dont own the fence, ask the neighbours to take it down.
Errect your own fence on your land.
Its up to the neighbours to keep there animals off your land. If they encroach deal with them.

If the current fence is on your neighbours land.
Build your own fence on your land.

If you wait for the council to come and errect a fence. It will be the ****tiest job you have ever seen, using the cheapest materials and most likely errected by someone on a workplace scheme who doesnt want to be there and doesnt give a **** about your fence.
As far as councils are concerened a set of concrete posts with a couple of green wires that clearly denotes a boundry constitutes as a fence.

I lived in council property for years and have seen this time and time again. Its always solved by erecting another fence next to an existing one and the death of some "pets".

OR

... just speak to your neighbours, share the cost and put the fence up together.
 
Im going to fight for them to reinstate the boundary, while Im doing that I will keep mentioning the animal situation and see what happens, best case scenario; they get rid of the animals or they put up a decent fence. Worst case scenario (how I see it) they reinstate the boundary which will allow me to easily erect my own fence right up against it.
 
If they are covenanted to maintain a post and wire fence, then expect them to sort it to the bare minimum standard that is required by the covenant.

Positive covenants are very complex and I wouldn't go down the road of trying to enforce it. ££££££££££££££££££££££££

Best take down the dodgy fence and put up a nice one as close to the boundary as you can get.
 
Easiest option you have is remove the fence on your land, send pictures to the guy that visited you and say there now isn't a boundary at all and they will have to re instate one. Once they have put up there posts and wire build your own fence against it.

You might get lucky and get a paneled fence (we do put panels up not wire) so it depends on the council or housing association.
 
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